23/01/2018
The law needs to stop discriminating against cohabiting couples and recognise that society has moved on. This is the view of Jakki Smith who has recently won a landmark battle for greater legal recognition for bereaved unmarried couples.
Jakki and her partner, John had been together for 16 years, but had never married. He died after falling ill on holiday in Turkey. He had previously undergone an operation to remove a benign tumour from his foot, but medics hadn’t recorded that he had a serious infection.
After his death, Jakki was denied statutory award because she and John weren’t married when he passed away. As a result, she took the government to court, claiming her human rights had been breached by denying her bereavement damages.
Currently, the law states that if a couple are married and one of them dies as a result of negligence, a fixed sum of £12,980 is payable. For cohabiting couples in similarly committed relationships, the same rights don’t apply. Eligibility of bereavement damages for cohabiting couples have been recommended by the Law Commission in the past and the government did produce a draft Bill, but plans were shelved in 2009.
In the initial case the judge ruled against her because there was no conflict between the 1976 Fatal Accidents Act and Jakki’s rights under the European Convention, effectively rendering her unable to make a claim. At the time, Mr Justice Edis noted that the law was in need of reform, but acknowledged that he had no power to intervene. However, the Court of Appeal has since found in her favour, allowing her challenge against a High Court ruling dismissing her claim.
Jakki will make no money from the case and nor is she interested in doing so; she simply wants to help others in a similar position. She now hopes the ruling will have a positive impact on the increasing number of cohabiting couples by legally recognising meaningful relationships.
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.